SHEEHY, Justice.
This is an appeal from an order entered in District Court, Fourteenth District, Meagher County, declaring section 91-142, R.C.M. 1947 (now section 72-11-334, MCA) the Montana mortmain statute, unconstitutional.
Jesse Kinyon died testate on January 26, 1971, leaving no surviving spouse, issue, parents, or other relatives of a closer degree of kinship than nieces and nephews. After contest (see Wallin v. Kinyon Estate (1974), 164 Mont...
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